Employer not listening to occupational health

[hellywelly3]

Posted in employment issues but didn’t get a response so posting here for traffic.
What happens when you’re off work on long term sick leave and there is no contact from your employer? Been off since November.
I’ve been asked to complete 2 occupational health assessments. One in March and one in July. Both declares me unfit for work but able to return in future, with advice to help. My employer has ignored all advice from occupational health. One recommendation was to make wellness calls to me. I had no contact at all, it’s like I’ve been completely forgotten.

Acas advised I wrote to them and point out that they have a duty of care and with a reply date, which I did.
They’ve replied with “they were just about to contact me” and to let them know if I want a zoom call or inperson meeting.
I just want to know what do I say at the meeting? Do I ask them to explain why they’ve not been in contact and taken onboard the occupational health advise?

My main thing is without any contact they’ve made going back to work really awkward, I think they were hoping I’d just quit.

Unfortunately Occupational Health recommendations, are just that, recommendations.
The company/employer does not have to act on them, though I think it can be sticky for them, legally speaking, if they don't.
Not much in depth knowledge though.

It's pretty poor that they aren't following the occupational health advice. Have you initiated any contact yourself?

As to what to say in the meeting, it depends on what the purpose of the meeting is. Is it a general catch up? Is it an absence review? Is it formal or informal?

Well you’ve posted in AIBU, so yes, I think you’re being unreasonable. It’s just a recommendation and it doesn’t actually directly impact your health or your ability to work. I can see that it makes you feel more awkward about coming back, and yes, it’s possible work we’re hoping you’d quit. It’s equally possible that everyone is busy and checking in with an absent colleague feels like emotional labour that isn’t going to benefit those holding the fort.

I really think it depends on the reason you’re off, that being said your company should have a policy on long term sickness and within that it will mention about regular meetings and keeping contact. You have a responsibility to keep in contact with them as well as the other way round. Regarding occ health they’d be silly not to follow recommendations. If you ever ended up in a tribunal it would look really poor on them.

Who was the report shared with?

I had an occupational health report when I started my job and it was only sent to me and HR - I sent it to my manager myself. Are you sure the right people saw yours?

It’s an established fact that keeping in touch increases the chances of employees returning to work, so this isn’t a very helpful comment.

When we had an ongoing issue with an employee off on long term sick leave, a solicitor warned us to be very careful with ongoing contact as it can be viewed as a form of harrassment.

Just a thought.

The fact that you still have a job having been off since November I find unbelievable. In most jobs after 3 months you are likely to be managed out, but then as I would only get ssp I would go to work whatever - my friend (different employer) is working right through chemotherapy because it's that or loose her house

I’m off because I had a mental health breakdown. I have post covid syndrome and was struggling at work. The assistant manager was a covid non believer and her screaming at me about how weak I was and many other horrible personal insults. This was the final trigger and I just couldn’t go on.

You don’t sound like the best person to be advising then?

OP, do you have a line manager and how is your relationship with them?

There have been countless threads on this board where people off sick have complained about their employers contacting them. Employers can't win.

I worked in the past when having chemo (different employer) and back 2 weeks after having meningitis. I’m not lazy I’ve always worked I’m ill. I’m not getting money. I don’t care if I get managed out but just no contact at all other than 2 letters asking me to book occupational health assessment, it’s just left me in limbo.

Rather than focussing on what OH said or what was not done, I would concentrate on what you need to get back to work - phased return, briefings, adjustments, time to update training etc. Then ask them to work out a written back to work plan with you. It is not great to not be contacted, but to be fair, I was off work from the NHS and no one called me because they were all stretched to breaking point and it was down on the list of priorities. Once I was due back it worked up the list and they were really helpful.

But you need to think about whether you can work with this manager or not or if there are any alternatives - transfer to another team? If the way you were managed contributed to your problem, you need to have an honest conversation about it before it happens again.

You have my sympathy op.

I was off for 6 months with MH issues following a loved ones diagnosis of a life limiting illness. Before I’d even run out of company sick pay I was told they were considering if they were even able to keep my position open or not. As you can imagine that did wonders for my MH! All perfectly legal apparently, I went to see CAB about it. I actually found it detrimental having them contact me weekly to ask how I was and when I thought I would be well enough to return. Just the phone ringing set me off in a panic tbh.

It doesn’t sound the sort of place to rush back to that’s for sure! I hope things improve for you soon

@hellywelly3 I hope you are on the mend.

Firstly whose attending this meeting, you, your manager anyone else?

Secondly are you fit for returning to work?

If you are, focus on what you and your employer can do to facilitate this. Do you need a phased return, or some temporary changes to your workload (limited contact with external people for example) and how reasonably can this be undertaken until you are fully back to work/duties.

If you are not, maybe the conversation is more about if you aren’t reasonably able to continue this situation and it’s a discussion around whether you can be terminated on I’ll health grounds etc. I don’t know where you work but these would be my starters.

Getting into a war of words about who should have stayed in touch and how probably won’t help you and likely could get peoples backs up all round.

Before you meet think about what “reasonable adjustments” you think you might need, so that you can tell them Ann they can then consider what they think is reasonable/practical. EG would working part time be an option/better option for you ?

What do you actually want to get from this meeting?

I'm really sorry to hear of your situation. I was in a similar situation a while ago now. I had very little contact when I was actually off but when I was ready and occupational health agreed, I went back to work very slowly. A few hours a day three times a week. And then increased over three months to full time. It was really helpful to phase back in and also I think it gave my employer something to work with.

I also contacted my local CMHT who had a specialist department which was an advocacy service to help people stay in work and also the charity the Richmond Fellowship who can offer employment support and check in with you to help with the return to work.

It's possible that your employer just doesn't know what to say and in fear of saying the wrong thing have decided to keep quiet.

I don’t know what I want from the meeting just the acknowledgment that things should of been done differently. The bullying had been going on for months, not just to me. I’d put a grievance in. I think having the LC just meant I wasn’t strong enough to deal with anymore.

If you’ve lodged a grievance I would expect that it can’t be discussed in this meeting. You’ll be invited to a meeting to specifically discuss the grievance and there should be a process setting this out.

There are two very different issues here and I would expect that HR would be keen to keep them as separate issues.

I think you should prepare yourself for this and really try to clarify what you realistically want from both situations.

They clearly could and should have done things differently but honestly, after so long out of the workplace, have you actually got the energy to fight all this?

Is it now better for your well-being to perhaps walk away and start afresh somewhere else?

If you do want to stay, I'd be considering whether you could manage a phased return in the near future. Unfortunately no business can keep employees on long term sick indefinitely so the decision may be taken out of your hands if you can't return. If it's not an option you can bear to consider, you probably have your answer.

Hello OP, Im in a very similar situation, how did this end up for you? I hope you have found strength and resolution x

I basically told them in the meeting that the way they had treated me had made it impossible for me to return to work for them. I got a mutual termination of employment. They paid for me have a solicitor (they legally have to) I had to sign documents to say I wouldn’t take them to court in the future. My solicitor got me a payment from them after backwards and forwards it was about 7 months pay plus holiday pay and notice pay.
I’m so sorry you’re going through this. Acas were good to talk to. They were the ones that told me not just to quit.

Can you request a phased return to work ?
You could agree this with your HR ?

This was posted a while ago now, all sorted

Im following similar steps, ive ripped the plaster off and sent them a formal grievance, gp has had to sign me off again because of the humiliating experience at my return to work, my representative has written to them suggesting exit negotiations or we will persue a case at judiciary, im terrified and dont know what happens from here,.im lucky my husband works ft but i dont know how we will make ends meet and im second guessing myself now incase things get worse for my bravery, youve given me some hope, i just want away from the toxicity x